Brought fiance. And things didn't work out. She won't leave

[Jason123xy 0]

Hi there,

This is probably not a typical post.. but here it goes..

I applied for a fiance visa. After 8 months it's approved and I brought my fiance here. We had major issues shortly before arriving and I don't want to get married. What do I do now? She won't go back home. I bought her ticket, I made a change to the date as she asked, and still.. she's not leaving. Her visa expired in 3 weeks. What are my obligations? do I need to inform the immigration of the status? Please help????

[az110965 252]

Your fiance has not commited an overstay, so at this point there really is nothing that you can do. Being that you did not / will not be marrying her, the affadavit of supoort you filed is not enforceable and basically it's on her to leave the country voluntarilly. Contacting immigration is not an option at this point - she has done nothing illegal to this point.

One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...

Good luck.

[belinda63 3,047]

When her I-94 expires she will be out of status. She cannot adjust status in any way except through marriage to you. I would suggest you take steps to have her removed from the residence, with witnesses present, and if she is still in the country after the expiration of the I-94 contact ICE and provide what information you have.

[Jason123xy 0]

Thank you both. I did buy her a ticket to leave my residence and she's now at her friends' house in another state. My concern was for the affidavit of support, and my obligations. I can't keep forking out money for her tickets. My current status is that she's asking for me to buy yet another ticket to go back home, and I already spent over $3,700 on tickets. Am I obligated to continue buying her tickets? Thank you

[belinda63 3,047]

You have no legal obligation to provide for her, the I-134 is not a legally binding document. Morally I believe from the information given you have done the right thing. You have provided her with an honest assessment of the relationship and indicated you did not wish to continue it. You have provided her with paid transportation, if she chooses to not accept the free ticket from you then she can pay for her own way home.

I would just cut ties with her and move on.

[NoneYa 73]

az110965 word of caution should be underlined. When a woman comes from another country, they CAN push you under the bus to die if it means they will survive here. Not all of them but some. Based on what I know, I would absolutely pack my suitcase and move somewhere and have her evicted if you are living together. All she has to do is cut herself, bruise herself and you will find yourself in jail and when you get out, you will not be able to come home to your own house. If you argue at all with her stop because she might be drawing you into a trap.

If she is a manipulator and lies on occassion.. this is a real volital mix with a hidden survivoralist instinct. Be afraid but you know your situation better than us.

[bigdog 376]

Do not let her back into your home, Any belongings get them out and change the locks. After the k1 expires, see if you can gets her friend to take her to the airport. If she files an assault or domestic abuse you are toast. Stay away, no talking if you can help it, talk to her friend, sounds like she is just getting money for tickets at this point..

[az110965 252]

Thank you both. I did buy her a ticket to leave my residence and she's now at her friends' house in another state. My concern was for the affidavit of support, and my obligations. I can't keep forking out money for her tickets. My current status is that she's asking for me to buy yet another ticket to go back home, and I already spent over $3,700 on tickets. Am I obligated to continue buying her tickets? Thank you

Jason,

Your obgligation ended when you decided there would be no marriage and provided the FIRST ticket home for her. The best news is that she willingly agreed to leave your home and she's not physically present there any longer.

If she ever had a key to your place, change the locks. If she still has any posessions at your place, send them to her at her friend's place. If she received any mail at your home while living with you, file a change of addrsss with the Postal Service. Same goes with any ATM cards. Change the PIN, etc...

My recomendation is that now she's left the home, have no more communication with her. No phone calls, texts, emails or any other means. Sounds like you've acheived your objective of getting her to leave.

Best of luck to you and I'm very sorry that things did not work out.

Al

[NoneYa 73]

Do not let her back into your home, Any belongings get them out and change the locks. After the k1 expires, see if you can gets her friend to take her to the airport. If she files an assault or domestic abuse you are toast. Stay away, no talking if you can help it, talk to her friend, sounds like she is just getting money for tickets at this point..

I am no lawyer but I watch cops on TV . In most states you can't change the locks or not let her back in. Once she brings her belongings in and stays one night (check your local laws)... she is there. This is why I said you have to move out. Leave her with the house. If you plan on staying there, I wouldn't. I think you can get her out in 3 days if you have no lease... but you need to start proceedings immediately with a real estate lawyer... which is way cheaper than a criminal lawyer.

Edited September 10, 2011 by DaleFlorida

[az110965 252]

I am no lawyer but I watch cops on TV . In most states you can't change the locks or not let her back in. Once she brings her belongings in and stays one night (check your local laws)... she is there. This is why I said you have to move out. Leave her with the house. If you plan on staying there, I wouldn't. I think you can get her out in 3 days if you have no lease... but you need to start proceedings immediately with a real estate lawyer... which is way cheaper than a criminal lawyer.

Dale..

She's already abandoned the residence as per the OP's last post and is now staying with a friend in another state. I think he's safe changing the locks being that she's left the residence.

[Jason123xy 0]

Thank you all so much for the advise. I feel a lot better now. I paid for all her items to travel with her and she has no keys or mail or any property with me. I was trying to do the right thing by sending her back home, but I guess she has other agenda and I didn't want to get wrapped up in her scheme. She's been gone since the 5th of august. She just contacted me today saying I'm "Obligated" to buy her yet another ticket now that she's decided to go home. I can't afford it.

Thanks again

[milimelo 4,568]

Thank you all so much for the advise. I feel a lot better now. I paid for all her items to travel with her and she has no keys or mail or any property with me. I was trying to do the right thing by sending her back home, but I guess she has other agenda and I didn't want to get wrapped up in her scheme. She's been gone since the 5th of august. She just contacted me today saying I'm "Obligated" to buy her yet another ticket now that she's decided to go home. I can't afford it.

Thanks again

She could've called the airline BEFORE her departure date and cancelled the ticket - she'd have the funds from the original ticket to use for future travel (only had to pay for any change fees).

Don't feel bad, you did all the right things, it's down on her now to get herself home.

[NoneYa 73]

az110965- Yes, he got somewhat lucky that she at least left. Now, he can deal with the heartache and regroup. There are good women out there. I certainly got one beyond my expectations but you have to be skeptical and untrusting of all of them at first. This was how I found mine - by not believing anything they tell you at first. A foriegner can somewhat mask their personalities too by not knowing English perfectly. Picking a good woman requires skill but not using your eyes, using your head. For the most part, if a couple is fighting during their relationship, I would bail.

[Harsh_77 718]

Second ticket is upto you, its not an obligation.

If you think she is not going to waste your money and she would return home and you wish to spend additional money you can.

I believe you said her visa (i-94) has already expired 3 weeks back which would mean she is staying illegally, some of the post some member do ask to write a letter to USCIS and let them know about change in status of your relation and you are no longer persuing the marriage.

Does it help, I don't know but you might want to do that as well, showing you did your due deligience and notified all the agencies about your relation.

[JimVaPhuong 4,863]

One note of caution... If she is still living in your home be VERY careful. All it takes is a call to the police that you committed an act of domestic violence and you can have a world of trouble. I'd recommend having her stay someplace else, preferably a hotel. Staying together in the same residence can cause you problems that you never imagined...

She would have absolutely zero motive for doing this. She can't self-petition using VAWA because they were never married.